City'The construction of a new seawall, or alteration of an existing seawall requires the issuance of a building permit'; the application needs a survey showing the wall's location and elevation, plans sealed by a Florida PE, and approval from the applicable reviewing agencies before the permit issues, which the applicant must obtain - LDR Sec. 7.1.7(E)(1)-(3)
Substantial repairRip rap is not considered a seawall for this section - Sec. 7.1.7(C)(5); substantial repair is improvement to more than 50% of the length of the wall and cap, or an elevation change along more than 50% of it; the minimum then applies to the continuous seawall along the entire shoreline - Sec. 7.1.7(D)(6)
ElevationMinimum 4.2 ft NAVD88 in a floodplain with a BFE of 5.0 ft or more, maximum the property's BFE; walls built below 5 ft must be designed for a later extension to 5 ft NAVD88 - Sec. 7.1.7(D)(1)
UpkeepA cited owner must start repairs, such as hiring a contractor or submitting a building permit, show progress within 60 days and finish within 365 days - Code Sec. 100.04(C) (Ord. 22-21)
DisclosureThe standard is sized for water levels through 2050, and sale contracts for tidally influenced property signed after 1 Feb 2022 must carry a 14-point bold disclosure - Sec. 7.1.7(A)(1), (D)(7). Failing to erect, maintain or repair a needed seawall is a public nuisance, including where it endangers swimming or other water sports or impedes navigability - Code Sec. 100.04(A), (B)
State (FDEP)Restoring a seawall in place or up to 18 in. waterward can be exempt from an Environmental Resource Permit where it was damaged within the last year by a discrete event or needs only minimal backfilling, and any chapter 161 permits are obtained (s. 403.813(1)(e) F.S.; r. 62-330.051(12)(b) F.A.C.); batter piles, king piles or a cap used only to stabilize and repair a wall are also exempt (r. 62-330.051(12)(d))
State-owned bottomExempt work on sovereign submerged land still needs separate authorization under chs. 253 and 258 F.S., which the Board of Trustees grants by rule for many exempt activities (r. 62-330.051 intro; r. 18-21.005(1)(b) F.A.C.)
CountyPalm Beach County ERM's Permitting and Regulation page lists no seawall or shoreline permit program among its topics (PBC ERM Permitting and Regulation page)
Ocean sideSeaward of the Coastal Construction Control Line a wall needs a separate state coastal construction permit; the chapter 161 repair exemption expressly excludes seawalls (s. 161.053(2)(a), (11)(a) F.S.)
Small-job exemptionThe state's under-$7,500 single-family permit exemption does not cover structural work or property in a flood hazard area (s. 553.79(1)(g)2. F.S.)
FederalA U.S. Army Corps of Engineers (Department of the Army) authorization is required for structures or work in or affecting navigable waters, unless exempt or covered by a nationwide or regional general permit - 33 CFR 322.3(a) (Rivers and Harbors Act s. 10)